Torture: A State's Tyranny  

Torture During the First Six Months of 1998 in Palestinian National Authority Detention Centers and Prisons  

Part Three:

 Methods Used in Torturing Prisoners

A: Defining Torture

Why does torture take place? Why do the security forces use torture in their prisons and interrogation centers? What is the philosophy behind torturing victims?

There is a routine answer to all this which points out that torture occurs to cause physical or mental pain to the detainee, whether intentionally or unintentionally, to obtain a confession from him or to punish him.

We tried to find another direct answer from Palestinian prisoners themselves, because in answering the question exists a certain philosophy that has its dimensions. During the first year of the PNA take over, in an official interview conducted by one of the organizations working in the field of human rights, one Palestinian GI official was asked why torture is being used. His answer was as follows:

"We are a new and inexperienced authority that was placed in a difficult circumstances we live under, filled with the dregs and leftovers of the occupation across time. The effect of the occupation, along with the restricted measures placed upon us, other than the restrictions signed between the Israelis, and us has hindered our work. To get out of this situation, we need a great deal of effort and energy. Despite the difficult circumstances we under, we care about the principles of human rights. We already expressed our clear and honest position on human rights in the Palestinian Declaration of Independence document released on 15 November, 1988, and we are ready to commit ourselves to this  declaration. We are not going to utilize torture at all. Do not forget that detainees are our brothers. You need to know - (addressing the organization that interviewed him) - that when an interrogator uses violence, such as beating, to obtain a confession from a detainee, that interrogator is fed up. The detainee realizes that the interrogator has used every method possible to obtain a confession, and when that detainee still does not confess, he exposes himself to beating and violence.

The GI official also said that the security forces take special care that the interrogation be a conversation between two minds and not between two bodies, because the body in this case, is weaker. We use many methods during interrogation such as sleep deprivation, standing for a long time, deprivation of smoking, and so on. We use mental methods. Do you have other methods in order to interrogate and obtain information? (he asked the organization). The detainee is always cautious in hiding certain information. Should we use hypnosis?

This is our philosophy as leaders and responsible figures in the Palestinian National Security Forces."

The hidden philosophy behind torture, according to the aforementioned opinions, is to reach a main goal: to destroy the detainee by using methods that do not leave scars on him, such as physical and mental pressure to obtain a confession from him by force.

The reality of this philosophy appeared after five years of PNA rule in the West Bank and the Gaza Strip. More than 98% of the persons we met suffered more than one kind of physical and/or mental torture. 66% of the cases said that they were under severe beating, more than 73% of them said that they experienced extremely painful Shabeh positions, around 86% of them experienced solitary confinement, and 44% were deprived sleep, food, and drink.

To develop a clearer picture, we are going to elaborate more and illustrate a number of methods used while torturing Palestinian detainees. These methods were obtained from victims who went through them. Before that, we are going to briefly state the definition of torture according to International conventions related to fighting torture.

B: Torture as Defined by the International Convention Against Torture

Before we point out the methods used by Palestinian security forces while torturing detainees, we need to define torture according to International conventions, especially the International Convention Against Torture for 1984, which defined torture as follows:

"Any act which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kinds, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

From a simple comparison between what the victims said and what appeared in the definition of torture, we can say that all the cases documented in our report were, in one way or another, exposed to torture during interrogation.

C: the Length of Time Spent While Interrogating and Torturing a Victim

Most detainees were exposed to continuous interrogation sessions that ranged between a few hours and two weeks. In some cases, interrogation exceeded four months, as was the case of fugitive Imad Awadallah. The majority of detainees undergo a period of interrogation between one and fourteen days, where they are exposed to all kinds of continuous torture so as to obtain confessions from them by force, and in the fastest way possible.

The length of interrogation time experienced by detainees on a continuous basis

Table 4

D: The Ways in Which Victims are Tortured

There are many ways that were followed in torturing Palestinian detainees by the various security forces. All of them can be categorized under two kinds:

The first: Physical torture, such as direct beating and continuous Shabeh, cigarette burning, and other ways to be illustrated further in the report

The second: this is more common, and it is the mental torture, such as solitary confinement for long periods of time, releasing disturbing noises and chaos in nearby rooms, and many others.

The following section is a clear and detailed description of the various methods used while torturing victims.

       1.         Physical Torture

·        Shabeh: forcing the detainee to sit or stand in painful physical positions that cause severe pain to the joints and the spinal column, and might sometimes cause paralysis of the limbs. Usually Shabeh is performed by tying the hands to the back of the head, blindfolding the eyes, or placing a stinking bag over the head. Shabeh can be performed on a detainee inside the cell, the interrogation room, in corridors, and sometimes in a toilet. The length of Shabeh time is between 2 hours and two weeks continuously, and sometimes more.

Following are some Shabeh Positions:

·          Shabeh by using a pulley:  among the documented cases, there were three cases of this kind of Shabeh. The hands are tied to the back, and the legs are tied. The detainee is pulled upside down from his legs by a pulley. The detainee is then beaten with a baton or a solid wicker cane. This might last to half an hour straight, until he faints. He is then taken down for a break, and then pulled back up, and the beating starts all over.

"I was taken to a large room, around 4X4 meters. Inside was a pulley hanging from the ceiling, with a rope. I saw solid wicker canes, and braided electric cables. They tied my legs with a chain that was connected to the pulley. They lifted me up until I was in an upside down position. Four interrogators started beating me up on all my body parts, except for my head, with the cables and canes. Half an hour, after continuous beating, they brought me down and took me to a room nearby. They placed me in a tub full of water for five minutes, and placed me in the same Shabeh position again.

(Testimony by Abbas Abd al-Wahhab al-Momani - Cameraman for Reuters)

·        Common Shabeh: a detainee is usually placed on a small chair, with his hands tied to the back. Sometimes a detainee is placed against the wall, with his hands tied and eyes blindfolded, one of his legs in the air and both hands lifted. Sometimes, his legs are forced wide open, and he is forced to carry a relatively heavy object, such as a chair, or two water bottles (2 liters in each) in both or one hand. This happened to detainee A.S. from the south of the West Bank:

" The next day of my arrest, besides beating me up, they forced me to carry to bottles of water, two liters in each, spreading my arms to the front, with my legs wide open. They poured cold and hot water on my face and body. Then one of the interrogators brought two liter bottles full of water and forced me to carry them with both my arms that were spread to the front, parallel to my chest. I carried them for over half an hour, and I was forced to repeat doing so many times."

( this also happened to citizen S.B. from one of the villages in Ramallah, who was arrested by the PSS for collaboration).

·        Shabeh Using a Chair Placed Upside down: the detainee is placed on the floor with his body between the legs of the chair. His hands are tied to the back, hugging the chair seat, and his back is placed against the base. This lasts for a period between 4 to 12 hours, and is repeated again and again. This causes severe pain and pressure to the spinal column, especially the neck vertebra, and might cause paralysis, as was the case with detainee Z.M. from the north of the West Bank, 35 years old. He was arrested on the charge of being a Hamas follower. He suffered from paralysis in his back, and two fingers in each hand:

" In al-Dahiriyeh cells, they used Shabeh through an upside down chair on me. I was forced to sit on the floor against a chair base. My hands were tied to my back, hugging the chair seat. I was in this position for a long time, 4 to 12 hours each time, and as a result, I was in severe pain, and I felt pressure on my spinal column. I was paralyzed in my back and in two fingers from each hand. Until today, I am receiving natural treatment.

·        Shabeh Using a Glass: the detainee is forced to stand on glasses with his hands up from minutes to an hour continuous. This is done several times. Detainee M.N., 31 years old, from Tulkarm, was arrested by the PSS on the charge of possessing weapons, drugs, and collaboration. He was placed in that Shabeh position. Also detainee M.G., 23 years old, from one of the villages north of the West Bank, was arrested by the police on the charge of possessing weapons and stealing. Another case was A.H., 42 years old, from north of the West Bank, who was arrested for collaboration. These three people suffered from this kind of Shabeh.

" Besides beating me up, kicking me, and using all sorts of torture against me, I had to stand on glasses that were placed upside down, with my hands up, for over an hour. I lost my strength, concentration, and felt dizzy at times. This method was used twice with me during interrogation."

( D.D.D. from a city in the center of the West Bank)

·        Shabeh from a high window: this resembles Shabeh from a pipe which was used by Israelis. Instead of tying a detainee to a pipe, he is tied to a high window, usually in a toilet, whereby hi hands are tied upwards to the back. The body is lifted where the toes barely touch the ground, and the body is bent to the front. Pressure is placed on the spinal column and toes.

"Interrogators put me in a Shabeh position in the corridor. I was forced to stand on one leg with my hands up, and I was forbidden from moving. I had to remain in that position for hours straight. Every time I tried to put my leg down, the interrogator screamed at me and threatened to beat me up. Immediately after this round, I was transferred to a filthy toilet. My hands were tied to the back, and tied through iron cuffs connected to the high window. My body was pulled from the ground where my hands would pull to the back and upward, and my body bent to the front. I remained in that position for five hours straight. As a result, the cuffs sunk in the flesh around my wrists. The scars are still there today."

(Testimony by J.S.Q)

Citizen T.S. from Ramallah was exposed to almost the same sort of Shabeh. He was arrested in April on the background of the killing of Mohyi Eldin al-Sharif. One of his legs was tied by a rope, lifted upwards, and tied to a toilet window forming a reversed perpendicular position. At the same time, one of his hands were tied to iron cuffs from the same window. The cuffs canckered the flesh. Their scars were there three months after he was released.

·        Pressure Shabeh: forcing the detainee to positions similar to exercises. However, these exercises are above the human force and ability. There is bending, and placing pressure on the toes. The detainee is forced to sit like a frog, placing all pressure on the toes with his arms spread straight for a long time.

Citizen U.A.H., 42 years old, from a city north of the West Bank said that he was forced to make this exercise more than 100 times. "I was forced to sit and stand in the same position between 100-300 times in a row. I lost all strength, and I had to be taken to hospital."

·        Pressure on the Fingers: forcing the detainee to place all his body pressure on his fingers while standing against the wall for a long period of time. Sometimes, this occurs with placing pressure on fingers on one hand. This causes paralysis in the fingers.

"I was blindfolded with an elastic cloth that also covered my ears. Many forms of Shabeh were practiced on me. My legs were forced open as much as possible, my hands were raised away from the wall, and I had to put all my body pressure on them while they pressed against the wall. Every time I tried to bring my hands down, the interrogator would kick me. I remained in that Shabeh position for almost 65 hours straight. As a result, I was very exhausted and felt numbness in the fingers on my right hand. I can still feel that pain.

(Testimony by T.S.)

·        Pressure on the chest: Laying face to the floor, and doing push ups. This is done for a long time until the detainee loses all strength. If he stops, interrogators beat him up.

"I was forced to do push ups for about 300 times. I had to place all my body pressure on my fingers and toes."

(Testimony by H.H. from a village south of Nablus)

·        Shabeh in the Banana position: This is rarely used. The detainee's hands and legs and handcuffed together to the back. Then a third cuff pulls the hand cuffs and the leg cuffs together where the body becomes bent like a banana. This places a lot of pressure on the spinal column.

Beating:

Beating by most security forces is widespread. The most common method of beating is known as the split. The detainee is beaten on the bottom of his feet after he is on the floor with his legs up. Sometimes an interrogator would sit on his legs, or entering the legs of the detainee between the columns of the back of a chair, which are very narrow. The number of beatings that a detainee receives is over 100 at times, continuously.

"I was beaten on the bottom of my feet while I was sitting in many positions. The most common was placing me on a chair with my hands tied to the back, and my legs spread to the front placed on another chair. They would beat me up continuously, over 100 times."

(Testimony by U.A.H.)

In many cases, beating is performed on all body parts, sometimes concentrating on the injured part, or on the reproductive organs. Beating is done using the hands, the legs, an electric cable, a cane, bottom of guns and rifles, or just banging the head on the wall.

·        Showers and Air Currents (hot and cold): a number of detainees testified that they were exposed to continuous cold and hot showers. Sometimes the pressure from the water current derived from the hoses is placed directly on them. Other detainees testified that they were exposed to hot air currents, especially when the weather temperature was very high in summer, and exposed to cold currents in winter. Other cases, suffered from freezing water poured on their faces, and were sometimes placed in tubs. Most detainees who were exposed to such torture suffered from severe colds and Influenza.

"Around afternoon prayers, before sunset, I was taken to the interrogation room. Two interrogators ordered me to take my clothes off and stand under a shower until dawn (more than 12 hours). They opened the cold water for a while, then the hot water. Then they took me to a room nearby. I was naked. I only had my underwear on. They turned on two fans and targeted the air on my body for almost an hour. Then they ordered me to put my clothes back on and go to the cell by the staircase. One of them handcuffed my hands to the top of the cell door. I remained in that position until 8 in the morning the following day."

(Testimony by B.M.B.)

·        Choking: This method is rarely used. Only three cases were reported to have suffered choking. Interrogators tried to choke one detainee by forcing a piece of cloth into his mouth so that he will not make any noise while he is being beaten. They also wrapped one detainee's arms around his neck violently and for a long time. Another detainee suffered from large amounts of water forced down his throat.

"They had a chain which they tied in the ceiling. They tied my hands very tightly to it. this was very painful. Then they pulled the chain and lifted me up until my toes could barely touch the ground. They started pushing me across the room while I was still hanging, until the chain broke and I fell on the ground. Then they were stepping on my face and stomach. One of them placed his foot in my mouth, and I was bleeding. Then they forced water down my throat. I was suffocating."

(Testimony by M.A.G.)

·        Threats: Threatening a detainee is very common. Some detainees were threatened with being kept in jail for longer periods. Some were threatened with being killed. This occurred by pointing a gun towards their head, and the interrogators would tell them that they would announce it was a suicide, that the detainee stole the pistol from the guard and killed himself. Another way of threatening a detainee was by threatening to be bring his sister and dishonoring her.

"One time, the interrogator told me that he was going to humiliate me. He brought my five year old son into my cell for five minutes. I was very much affected by that."

(A testimony by K.M. from a city south of the West Bank)

·        Deprivation from Sleep, Food, and Drink: A number of detainees said that they were deprived their sleep because they were being interrogated for a period of time between two days and two weeks continuously. Some of them said that they were thirsty and hungry for one to seven days straight. This was the case with Imad Awadallah:

"I am sick, and my intestines are killing me. I also have a skin rash because I have not had a drop of water for three days in a row during the interrogation. When the cuffs tore the flesh on my wrists, I started sucking water from my veins."

(A testimony by Imad Awadallah, taken by his aunt Na'imeh Judeh when she went to visit him).

·        Cigarette burning, melting plastic or wax, heating a piece of metal and burning the body with it.

"One of the interrogators put out cigarette butts on my body, especially on my chest. I have four scars until today."

(Testimony by K.A.S.)

·        Other Ways: The strangest thing happened to citizen A.A.S., 34 years old, from a city in the center of the West Bank. He was arrested by the criminal police on the charge of organizing the killing of Palestinian figures. On a very hot summer day, interrogators covered his whole body with jam, and left him for a very long time under the sun. some interrogators forced canes and bottle tops up a prisoner's anus. Two cases were reported. One interrogator forced his foot down a detainee's throat, another stepped and jumped on his fingers and toes, and another forced a detainee's head down the toilet.

"They spread jam all over my body. I felt my body burning because it was a very hot summer day. Then interrogators beat me with batons on my legs, and forced my clothes off. I was naked in the office. They tried to force a baton up my anus, but I threw a fit and they backed off."

(Testimony by A.A.S.)

"I was exposed to torture once more, and I was accused of lying. They did not stop beating me up. They put out cigarettes on my back and fingers, then they burned a plastic hose and put it on my body."

(Testimony by R.H.R. who was arrested and tortured, and then it turned out that he was the wrong wanted person, because security forces mixed up the names)

2. Mental Torture

The methods of mental torture utilized by interrogators can be summarized as follows:

a.       Most physical pressure mentioned in the previous section, especially solitary confinement, and Shabeh for long periods of time, have a mental effect on the detainee. Some of them end up with a problem in the nerves, while others suffer from paralysis of some sort. Some detainees tried to run away from prisons, as was the case with reporter Abbas al-Momani from Ramallah, and 'Ala Yehya De'eiss from Jerusalem. Some detainees even tried committing suicide, as was the case with Fathi Sidqi Moussa from al-Maghir.

b.      Solitary confinement is locking the detainee in an interrogation room or in a completely closed up cell that is 1-2 meters wide and 2-3 meters long. Sometimes a detainee is placed in a cement closet with dimensions of approximately 60 centimeters wide and 80 centimeters long, and not more than 1 meter in height. A detainee is placed in solitary confinement for a period of time ranging from a few days and four months straight. This makes the detainee feel that he is isolated from the outside world, and his destiny unknown, and this places both physical and mental pressure on him. This happened to citizen Khalid Jamil Moussa Abed from Surif. He was arrested by the GI on the charge of tax evasion and forging VAT invoices. Abed later suffered from a nervous breakdown. When 86% of prisoners testify that they have been exposed to such pressure and torture, this means that torturing and pressuring detainees by security forces in widespread. Security forces are using mental torture most of the time because it does not leave any physical evidence on the detainee.

c.       Preventing the detainee from visiting his family and parents, and his lawyer for a long time. This also causes mental pressure on the detainee. He begins to feel that he is alone in the world. In some cases, some detainees did not receive any visitors for three months.

d.      Sometimes interrogators use machines that make loud and disturbing noises from a room nearby. Sometimes, the sounds that a detainee hears are not just a recording. It happens that another detainee is screaming in the other room because he is being tortured.

e.       Bringing a close family member into the cell, as was the case with Khalid Jamil Moussa Abed whose five year old son was brought into his cell.

"During the first month of my arrest, my family was not allowed to visit me. I spent 30 days in solitary confinement at al-Dahiriyeh prison and another 30 days at al-Tanfithiyeh prison at the GI headquarters in Jericho."

(Testimony by M.R.S.)

"While I was in the cell at al-Dahiriyeh, I heard loud noises and loud whispers. Sometimes I would hear screaming as if someone was being exposed to severe beating and screaming from the pain."

(Testimony by Z.M.)

E: Damage derived from torture

In this section, the most important damage caused by torture is going to be discussed. There are two kinds of damage that can affect the detainee: one is direct, and affects him both mentally and physically, and the other is indirect that affects his family, and might affect the entire society, especially when torture leaves scars on detainee, which would affect the society as a whole. We are going to focus on the first kind of these effects because it can be measured by the cases we have at hand. As for the second kind, we are going to focus on it through the analysis of one psychologist who expressed his point of view on the subject.

1.      Direct Physical Damage:

These are derived from torture practiced by interrogators on a detainee. The interrogator would desire a confession from  a detainee and would take it by force, by hurting him.

From the documented cases we have, we noticed that most detainees torture, and their lives and physical situation were not regarded. 41 cases out of the 68 testified that they suffered various physical damage while being interrogated. The testimonies proved that there are 13 cases who suffered from illnesses and injuries before they were arrested. When told, interrogators did not regard such situations. A total of 14 cases were not clear in their testimonies whether they were hurt during the interrogation.

Most detainees that we met testified that no medical examination was performed on them before they were arrested and interrogated, which is a procedure followed universally, and stated in most international conventions and charters, in order to protect the life and health of a detainee. Principle 24 stated the following:

" A proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided free of charge."

Worse than this is that a number of detainees testified that interrogators used to beat them up and hurt them on purpose when they found out that they suffered from something.

"The interrogation session lasted until dawn. I was cursed, beaten, spit on, and Shabeh was practiced on me. They used a long stick and a water hose to torture me. They focused on my left hand because it was the one that was hit by Israeli gunfire during the Intifada."

(Testimony by M.R.G.)

Some detainees suffered from severe damage because they were not given the proper treatment and attention they required. Interrogators simply sent the detainee to the prison clinic, as was the case with B.M. from a city north of the West Bank:

"I was beaten constantly for almost half an hour on all my body parts. Soon enough, another interrogator joined the one that was beating me and kicking me. They aimed at my stomach while I was tied up. I felt an internal bleeding because of all the beating I received on my stomach. I was taken to the military service clinic and given first aid. A hose was placed through my mouth into my stomach to take blood from it, and the doctor only prescribed medication. I heard a doctor or a nurse say that they should not treat me in such a manner. I was taken to interrogation straight after that, and then into a cell in a staircase. I had to stand there because it was too small. It was very uncomfortable for me because the cell was about two meters high at the door, and then it completely bends to zero meters."

There were other casualties during interrogations, where interrogators could not care less about a detainee's condition, and would sometimes think that a detainee was lying when he says that he suffered from an illness. This was the case with detainee S.R.

"One of them who seemed to be an expert at beating, started beating me continuously on my face. He did that for a long time. I felt numb and fell on the ground. My nose was bleeding, but they told me to get up and said: "stop this. Your tricks are not going to work on us." I could not get up. One of them started beating me up again. After 20-30 minutes, they were convinced that I was not lying about my illness. They stopped beating me and took me to one of the toilets. I was not blindfolded or handcuffed. I was tied up to the door and remained there until midnight. I was then taken back to my cell to sleep."

In a similar case, detainee A.Z. said:

"A bag was placed over my head and I was taken to a room where five people started beating me up with their hands and feet. Every time I tried to resist or fell on the ground because I could not stand the pain, they would beat me harder. I fell on the ground. Blood was heavily coming out of my nose and mouth. They brought a wet cloth and wiped my blood away. They took me to a clinic where a man checked my wounds, and tried to cover them to stop the bleeding. He gave me a shot, and I lost consciousness. When I woke up I found myself in jail, on a bed, with a cover on top of me. I felt severe pain and numbness all over my body. I could not get up. An hour later I was bleeding again. I started screaming at the guards to help me. No one answered. Moments later one of them did. He came to me, saw that I was bleeding, but did not care. Instead, he was screaming at me, cursing me, and telling me that I did that on purpose. They took me with them, but I was unable to walk. One of them started kicking me from the back to walk and two others carried me from the shoulders. I was taken to the clinic and they gave me treatment. I did not know what I was given because I was still a little bit unconscious."

Most detainees were victims of the GI and the PSS. Injuries varied and reached 25 kinds. Some of them were very dangerous, and others were moderate. From our study, we discovered that 16 cases were taken to hospitals and clinics. Three cases had to undergo surgery after leaving prison, one of them was in the brain. In three other cases recorded victims suffered from partial or complete paralysis. These injuries are illustrated in Table 5:

2. Mental Damage Derived From Torture:

From the documentation we have, we were able to explain the physical harm that torture victims suffered. However, we cannot really sense the mental scars left on these victims. That is why we turned to someone who specializes in such cases. Dr. Mahmoud Sahwil is considered to be an expert in this field. He devoted a great deal of writing through research and development on the circumstances of detainees and victims of torture, and the mental and social scars that they and their family members suffer.

Dr. Sahwil is the only specialist who has visited prisoners in Israeli jails since 1983. Now, he visits Palestinian prisoners in Palestinian jails as well. He analyzed the Palestinian prisoners who suffer from maltreatment and torture and he said:

“One third of the Palestinian people were arrested at least once, and placed in Israeli jails. 85% of them were exposed to all sorts of mental and physical torture such as:

a.       Shabeh and violent shaking

b.      Beating on all body parts

c.       Exposure to electric shocks

d.      Solitary confinement

e.       Hot and cold water currents

f.        Sleep, food and drink deprivation

g.       Threatening the prisoner to death or threatening to torture his family members

h.       Rape in some cases.

Studies confirmed that mental torture has the most effect on torture victims. A study which I did lately, on the scars accumulated from arresting Palestinian prisoners, showed that around 40% of prisoners who have been exposed to torture in Israeli jails suffer from a mental and social shock which require treatment.

The main signs of a mental shock are:

·        Feeling sadness and sometimes exhaustion, and not being able to do anything

·        Weakness in concentration and carelessness about what goes on around that person

·        Continuous headaches, loss of appetite, and feeling pains in all body parts

·        Having flashbacks of the painful incident in the form of thoughts, images, and feelings

·        Feeling worried, becoming insomniac, and having nightmares in most cases

·        Feeling and behaving in such a manner, as if the incident is happening again

·         Making a big effort to avoid thoughts and emotions related to the incident, and trying to avoid things that are related to it. Any action that reminds the prisoner of the past brings him new pains. This is something we warn about in case a person is arrested again, as is the situation with the Palestinian Security Forces.

3.  Mental and Social Scars of Torture on the Society and the Detainee’s Family:

It is not only the detainee who suffers, but also his family and the society. The detainee's family suffers life's hardships while adapting and living in the new reality, and what the future holds becomes unknown. The wife and children for example, become in need to find a job to support the family. On many occasions, family members turn to distortion and corruption. As a result, mental effects and social problems arise in the family, especially among the children.

A child who is awakened by the disturbing voices of the armed security men late at night, who take his father from his room in such a violent manner, can never forget such a sight. In the eyes of that child, his father is innocent no matter what the charges or the reasons for which he was taken away. Later on, the child might suffer from mental shock. The same occurs when a young man hears his father screaming because he is being tortured. Also, when interrogators take a young girl to the cells, to place pressure on her father or brother, she might develop a mental state someday.

This suffering might still be there even after the prisoner is released and taken back to his home and society. There would still be a number of changes that occurred while he was away. One of his girls might be married, one of the boys might be corrupt and distorted, the children's educational level might have changed, and many other changes. There might be changes in the society itself as well. The prisoner lost his job, and he needs to adapt to the new social changes. This situation might lead to depression, desperation, and shame.

There is no doubt that most cases who were tortured and kept in prison for a long period of time, need rehabilitation, as well as mental and social care. There are however, a number of difficulties and obstacles on the way to achieving that:

·        There is a lack in rehabilitation centers that exist in the West, that are in charge of rehabilitating prisoners and taking care of them. The only center found in Palestinian territories that specializes in such cases was established with the help of the Mandela institution in Ramallah. This center however, is still being established because there is no financial funding for it.

·        Many of these cases who suffered in prison always try to avoid places that would remind them of their past. They try to avoid governmental institutions such as hospitals and mental institutions. This is because the atmosphere in these institutions resembles that of prisons. The prisoner would remember his bitter experience in prison day by day, and he would not want to go back to such an atmosphere. According to them, these centers are not the right place to go to. They could go to private clinics for treatment, but then the financial problem arises. Therefore, the situation of most of these cases worsens and their mental state becomes more difficult to handle. As a result, social problems arise.

Detainees who have suffered in jail become very sensitive. They are ashamed to express what they went through from humiliation and violence, especially when they were exposed to rape, or accused of collaboration. These people are in desperate need for a professional team with experience and full awareness in treating torture victims. These victims also need to be indirectly treated for the mental effects that were accumulated on their family and children. In most cases, mental effects arise in one or more members in the family, and when they go for treatment, doctors or experts realize that their situation developed because one of the family members, especially when it is the father, was arrested and tortured. These family members require special social treatment and mental support. Our studies showed that that in many cases, mental situations increase in families of those who were tortured. This is developed more among children whose fathers or brothers were tortured. It is therefore necessary to provide immediate mental consulting and mental support for the family, especially since many did not seek treatment or ask for help until after a long time has passed. Sometimes years would pass and the family is quiet about everything, suffering on its own.

E: The Legal View

The PNA is completely responsible for all the previous violations. The PNA has promised to respect and protect human rights, and to abide by the law according to international covenants and charters, including the agreements settled between the PLO and Israel, that it committed itself to. The representatives of the PNA, as well as the security forces need to be reminded of these commitments and responsibilities. In the following section we are going to state sections from the international covenants against torture, and some declarations and articles drafted by the PNA and its institutions, as well as its representatives who claim that they are committed to these standard measures.

According to international standard measures against torture, there are many clear and concise statements in the form of declarations, decisions and agreements. The first is Article 5 from the Universal Declaration of Human Rights, which states that:

"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

Article 7 from the International Covenant on Civil and Political Rights states that:

"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation."

The International Covenant on Civil and Political Rights totally prohibited torture.

Since the law is adopted and practiced in most countries against torture and maltreatment, the UN General Assembly released a decision in 1975, number 3452 (d-30) to protect all person from being exposed to torture, and to protect against other inhuman treatments.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, stated by the UN General Assembly on 10 November 1984, were drafted so that all legal and administrative measures would be taken effectively, to prevent torture in countries within the agreement. Article 4 from the same covenant states that:

"Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature."

As for the rights of individuals who were tortured and treated inhumanly, Article 13 states:

"Each State Party shall ensure that an individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that that complainant and witnesses are protected against ill-treatment or intimidation as a consequence of his complaint or any evidence given."

Article 14 states:

"Each States Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law."

On 12 December 1997, decision number 146/56 was released by the UN General Assembly against torture, to consider 26 June of every year a UN international day in support of victims of torture. This was done so that countries would take all necessary measures to draft an agreement against the practice of torture. One third of the countries in the world (81 countries out of 185) did not sign on this agreement. Since the PNA is still not recognized as a country, and it therefore cannot take part in this agreement. However, this does not allow it to fiddle with its legal and moral responsibilities.  The PNA needs to fulfill its promise of committing to international covenants. It promised to commit to international standard measures, and respect human rights, as stated in the declaration of independence document signed by the Palestinian National Council in Algeria on 10/11/1988:

F: The Right to Lodge Complaints

The right to lodge a complaint regarding an ill treatment or the use of torture against a prisoner is a legal and guaranteed right stated in charters related to human rights, and followed in most countries. Principle 33 from the principles related to protecting all persons exposed to any detention or imprisonment states:

"An arrested or detained person has the right to lodge a complaint to the prison or detention center authority, regarding his treatment, especially in the case of torture, or any other inhuman, humiliating, and cruel treatment."

During the Israeli occupation, due to the unawareness of most Palestinian people to lodge complaints against violators, the common phrase was: "if the judge was your enemy, then who should you complain to?" Today however, violations are committed by Palestinian against their fellow Palestinians, so the common phrase is: "I do not want anything from them as long as they stay away from me." Victims fear revenge when they lodge complaints, and this has become a nightmare for most of them.

Only seven cases out of the ones documented in this report, lodged official complaints to those responsible, such as the police, heads of security forces, and sometimes to the monitoring committee and human rights that is part of the PLC.

In most cases, the lodged complaints were not considered or answered. Sometimes answering these complaints takes the longest time, and the negative effect is known before hand. Only one complaint was answered, but it was settled in clans.

In the light of these negative results, some victims turned to unofficial organizations, such as the PHRMG, or semi official ones such as the Palestinian Independent Commission for Citizen's Rights (PICCR). It is very rare that the letters of these organizations are answered.

For example, Khalid Ali Saleh Ishtiyyeh headed to the PICCR. He said:

"On Sunday, 14/12/1997, I went to Ramallah and complained to the PICCR, who took my testimony, and lodged a complaint to the head of the police in Qalqiliah, regarding the torture I experienced in that prison. A week from that date, an answer was received by the PICCR's lawyer. I went there and he let me read it. the Qalqiliah police had completely denied my claims. When I asked for a copy of that reply, as my legal and natural right, the PICCR's lawyer refused."